Outside defense lawyer: Judge made right call in Assumption case
'The judge absolutely made the right decision,' William A. Korman, of the Boston firm Rudolph Friedmann LLP, told the Telegram & Gazette.
Korman, who offered commentary on the case recently for the Law & Crime Network, opined that police, while correct to pursue a case, did not issue appropriate charges.
Assumption Police charged five students — all of whom, the university confirmed, are no longer enrolled — with felony kidnapping and conspiracy charges after an Oct. 1 incident at Alumni Hall.
Video entered into court records shows dozens of students confronting and chasing a 22-year-old man out of the building, where he is hit with his car door upon leaving.
Police say the students lured the man to campus and falsely labeled him a sexual predator in order to confront him on video, part of a growing online trend based on the decades-old NBC show, 'To Catch a Predator.'
They alleged the man was restrained and had to 'break free' — which they argued constituted kidnapping — but defense lawyers argued video of the event contradicted that claim.
Central District Court Judge Michael Allard-Madaus, after considering the video, dismissed the kidnapping and conspiracy charges for all five former students.
Allard-Madaus, as is not uncommon in district court, did not offer a written opinion explaining his ruling.
Korman said he believed defense lawyers, who argued their motions to dismiss March 28, did a good job of arguing their clients didn't keep the man from leaving and didn't have a plan that would meet the definition of a conspiracy to kidnap.
Korman said he didn't see any evidence the students had all agreed on what to do, other than lure the man to campus and confront him, which he opined is not a crime by itself.
Korman said while there may have been charges for police to file — a simple assault charge might be one option, he said — the kidnapping and conspiracy charges were a stretch.
'I think this is a perfect example of police officers needing to be very careful about the language they use in police reports and applications for (charges),' he said, adding that language used to describe events should be 'more direct and clear, not a charitable interpretation of events.'
Korman said while he believes police missed the mark on specific charges, he does see why charges were necessary.
''I think the important takeaway is that this could have gone in so many directions, each of which is tragic,' he said.
Korman noted the alleged victim could have been armed and inflicted violence out of fear, or could have been badly injured had a mob mentality set in. He could have slipped and injured himself running out of the building, he said, or struck someone when hurrying to leave in his car.
'There's a thousand ways this could have been worse,' he said, calling what ultimately happened the best outcome one could have hoped for.
Korman said the judge's ruling is one prosecutors could appeal, or that police could try and bring charges again.
Neither prosecutors nor Assumption University has offered comment on next possible steps.
Prosecutors have said their professional rules of conduct bar comment, since two of the former students are still facing charges.
One of the students, Kelsy Brainard, faces a charge of misleading police, while a second, Kevin Carroll, faces a charge of assault and battery with a dangerous weapon.
Police allege Brainard initially gave a false story about what happened, while Carroll, they allege, admitted to shutting the man's car door on him as he left.
Brainard and Carroll are both due back in court May 9 for a status hearing.
Reached via text, the 22-year old, a member of the Army from North Carolina, referred comment to his lawyer, Richard Rafferty, who did not return requests for comment.
This article originally appeared on Telegram & Gazette: Lawyer says right call made in Assumption 'Predator' case
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Los Angeles Times
an hour ago
- Los Angeles Times
Myanmar military airstrike on gem-mining town kills at least 21
BANGKOK — An airstrike by Myanmar's military on the town of Mogok, the center of the Southeast Asian country's lucrative gem-mining industry, has killed at least 21 people including a pregnant woman, an armed opposition group, residents and Myanmar's online media said Saturday. The assault was the latest in a series of frequent and deadly military airstrikes, often causing civilian casualties, that have intensified in a bid to reclaim territory from resistance groups amid the civil war that erupted after the army seized power in February 2021. The attack occurred Thursday night in Shwegu ward in Mogok township, about 70 miles northeast of Mandalay, the country's second-largest city, said Lway Yay Oo, a spokesperson for the the Ta'ang National Liberation Army. The TNLA is one of the powerful ethnic militias fighting against the government army near the Chinese border. 'About 21 civilians were killed. Seven others were injured. Homes and Buddhist monastery buildings were also damaged,' Lway Yay Oo said. Mogok, the ruby-mining center in the upper Mandalay region, was seized in July 2024 by the TNLA, a member of an alliance of ethnic militias that seized a large swath of territory in northeastern Myanmar in an offensive that began in late 2023. The group's statement released Friday night on its Telegram social media channel said 16 women were among those killed in the airstrike, which appeared to target a Buddhist monastery in Mogok's Shwegu ward. It said 15 houses were also damaged when a jet fighter dropped a bomb. Two Mogok residents told the Associated Press on Saturday that the death toll had risen to nearly 30, though the exact number could not be independently confirmed. The residents, who spoke on condition of anonymity because they were afraid of being arrested by the military, said the death toll was high because one of the bombed houses had been hosting visitors to the pregnant woman. Independent online media, including Myanmar Now and Democratic Voice of Burma, released pictures and videos described as debris in the aftermath of the airstrike. The military did not comment on the attack in Mogok. In the past, the army has said it attacks only legitimate targets of war, describing the resistance forces as terrorists. Myanmar, also known as Burma, has been in turmoil since the army seized power from the elected government of Aung San Suu Kyi in February 2021. After peaceful demonstrations were put down with lethal force, many opponents of military rule took up arms, and large parts of the country are now embroiled in conflict. The military government has stepped up airstrikes against the armed pro-democracy People's Defense Force, and ethnic militias that have been fighting for greater autonomy for decades. The resistance forces have no defense against air attacks. The TNLA's statement said that 17 more people including two Buddhist monks had been killed and 20 others were injured in the first two weeks of August by airstrikes in areas controlled by the group. About 16 people, mostly truck drivers, were killed in airstrikes Monday on a convoy of trucks that were parked on the road due to heavy fighting near the town of Sagaing in central Myanmar, according to independent media reports in the country. Opponents and independent analysts estimate that the army now controls less than half the country while maintaining a tenacious grip on much of central Myanmar, including the capital, Naypyidaw. It has accelerated counteroffensives ahead of the election it has promised to hold at the end of this year in order to retake areas controlled by opposition forces. Critics say the elections won't be democratic because there is no free media and most leaders of Suu Kyi's party have been arrested. Suu Kyi was arrested in the 2021 coup. The planned vote is widely seen as an attempt to legitimize and maintain the military's rule. Several opposition groups have said they would seek to derail the election. Peck writes for the Associated Press.
8 hours ago
Military airstrike on gem mining town kills at least 21 in Myanmar
BANGKOK -- An airstrike by Myanmar's military on the town of Mogok, the center of the Southeast Asian country's lucrative gem-mining industry, has killed at least 21 people including a pregnant woman, an armed opposition group, local residents and Myanmar's online media said Saturday. The incident was the latest in a series of frequent and deadly military airstrikes, often causing civilian casualties, that have intensified in a bid to reclaim territory from resistance groups amid the ongoing civil war that erupted after the army seized power in February 2021. The attack occurred Thursday at 8:30 p.m. in Shwegu ward in Mogok township, about 115 kilometers (70 miles) northeast of Mandalay, the country's second-largest city, said Lway Yay Oo, a spokesperson for the the Ta'ang National Liberation Army. The TNLA is one of the powerful ethnic militias fighting against the army near the Chinese border. 'About 21 civilians were killed. Seven others were injured. Homes and Buddhist monastery buildings were also damaged,' Lway Yay Oo said. Mogok, the ruby-mining center in the upper Mandalay region, was seized in July 2024 by the TNLA, a member of an alliance of ethnic militias that seized a large swath of territory in northeastern Myanmar in an offensive that began in late 2023. The group's statement released Friday night on its Telegram social media channel said 16 women were among the victims killed in the airstrike that appeared to target a Buddhist monastery in Mogok's Shwegu ward. It said 15 houses were also damaged when a jet fighter dropped a bomb. Two Mogok residents told The Associated Press on Saturday that the death toll had risen to nearly 30, though the exact casualties could not be independently confirmed. The residents, who spoke on the condition of anonymity because they were afraid of being arrested by the military, said the death toll was high because one of the bombed houses had been hosting visitors to the pregnant woman. Independent online media, including Myanmar Now and Democratic Voice of Burma, released pictures and videos said to be of debris in the aftermath of the airstrike. The military did not comment on the incident in Mogok. In the past, the army has said it only attacks legitimate targets of war, accusing the resistance forces of being terrorists. Myanmar has been in turmoil since the army seized power from the elected government of Aung San Suu Kyi in February 2021. After peaceful demonstrations were put down with lethal force, many opponents of military rule took up arms, and large parts of the country are now embroiled in conflict. The military government has stepped up airstrikes against the armed pro-democracy People's Defense Force and ethnic militias that have been fighting for greater autonomy for decades. The resistance forces have no defense against air attacks. The TNLA's statement said that another 17 people including two Buddhist monks had been killed and 20 others were injured in the first two weeks of August by airstrikes in areas controlled by the group. About 16 people, mostly truck drivers, were killed in airstrikes last Monday on a convoy of trucks that were parked on the road due to heavy fighting near the town of Sagaing in central Myanmar, according to independent Myanmar media reports. Opponents and independent analysts estimate the army now controls less than half the country while maintaining a tenacious grip on much of central Myanmar, including the capital, Naypyidaw. It has accelerated counter-offensives ahead of the election it has promised to hold at the end of this year in order to retake areas controlled by opposition forces. Critics say the elections won't be democratic because there is no free media and most leaders of Suu Kyi's party have been arrested. The plan is widely seen as an attempt to legitimize and maintain the military's rule.
San Francisco Chronicle
9 hours ago
- San Francisco Chronicle
Military airstrike on gem mining town kills at least 21 in Myanmar
BANGKOK (AP) — An airstrike by Myanmar's military on the town of Mogok, the center of the Southeast Asian country's lucrative gem-mining industry, has killed at least 21 people including a pregnant woman, an armed opposition group, local residents and Myanmar's online media said Saturday. The incident was the latest in a series of frequent and deadly military airstrikes, often causing civilian casualties, that have intensified in a bid to reclaim territory from resistance groups amid the ongoing civil war that erupted after the army seized power in February 2021. The attack occurred Thursday at 8:30 p.m. in Shwegu ward in Mogok township, about 115 kilometers (70 miles) northeast of Mandalay, the country's second-largest city, said Lway Yay Oo, a spokesperson for the the Ta'ang National Liberation Army. The TNLA is one of the powerful ethnic militias fighting against the army near the Chinese border. 'About 21 civilians were killed. Seven others were injured. Homes and Buddhist monastery buildings were also damaged,' Lway Yay Oo said. Mogok, the ruby-mining center in the upper Mandalay region, was seized in July 2024 by the TNLA, a member of an alliance of ethnic militias that seized a large swath of territory in northeastern Myanmar in an offensive that began in late 2023. The group's statement released Friday night on its Telegram social media channel said 16 women were among the victims killed in the airstrike that appeared to target a Buddhist monastery in Mogok's Shwegu ward. It said 15 houses were also damaged when a jet fighter dropped a bomb. Two Mogok residents told The Associated Press on Saturday that the death toll had risen to nearly 30, though the exact casualties could not be independently confirmed. The residents, who spoke on the condition of anonymity because they were afraid of being arrested by the military, said the death toll was high because one of the bombed houses had been hosting visitors to the pregnant woman. Independent online media, including Myanmar Now and Democratic Voice of Burma, released pictures and videos said to be of debris in the aftermath of the airstrike. The military did not comment on the incident in Mogok. In the past, the army has said it only attacks legitimate targets of war, accusing the resistance forces of being terrorists. Myanmar has been in turmoil since the army seized power from the elected government of Aung San Suu Kyi in February 2021. After peaceful demonstrations were put down with lethal force, many opponents of military rule took up arms, and large parts of the country are now embroiled in conflict. The military government has stepped up airstrikes against the armed pro-democracy People's Defense Force and ethnic militias that have been fighting for greater autonomy for decades. The resistance forces have no defense against air attacks. The TNLA's statement said that another 17 people including two Buddhist monks had been killed and 20 others were injured in the first two weeks of August by airstrikes in areas controlled by the group. About 16 people, mostly truck drivers, were killed in airstrikes last Monday on a convoy of trucks that were parked on the road due to heavy fighting near the town of Sagaing in central Myanmar, according to independent Myanmar media reports. Opponents and independent analysts estimate the army now controls less than half the country while maintaining a tenacious grip on much of central Myanmar, including the capital, Naypyidaw. It has accelerated counter-offensives ahead of the election it has promised to hold at the end of this year in order to retake areas controlled by opposition forces. Critics say the elections won't be democratic because there is no free media and most leaders of Suu Kyi's party have been arrested. The plan is widely seen as an attempt to legitimize and maintain the military's rule.
